Werbel says in his court filing that he mistakenly ate the frooty cereal believing it was healthy for him. Now he is demanding unspecified punitive and actual damages to be paid to everyone else who was taken by the cunning Toucan Sam's friendly smile.

And the fruity plaintiff does not stop there. Werbel filed a separate suit against Pepsico, the maker of Cap'n Crunch Crunch Berries cereal, because again he thought there was real fruit in the box.